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ARCHIVED — Vol. 146, No. 38 — September 22, 2012

GOVERNMENT NOTICES

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice with respect to reporting of greenhouse gases (GHGs) for 2012

Notice is hereby given, pursuant to subsection 46(1) of the Canadian Environmental Protection Act, 1999 (the Act), that, with respect to emissions of GHGs identified in Schedule 1 to this notice and for the purpose of conducting research, creating an inventory of data, formulating objectives and codes of practice, issuing guidelines or assessing or reporting on the state of the environment, any person who operates a facility described in Schedule 3 to this notice during the 2012 calendar year, and who possesses or who may reasonably be expected to have access to information described in Schedule 4 to this notice, shall provide the Minister of the Environment with this information no later than June 1, 2013.

Information on GHG emissions requested under this notice shall be submitted to

This notice applies to the calendar year 2012. Pursuant to subsection 46(8) of the Act, persons subject to this notice shall keep copies of the required information, together with any calculations, measurements and other data on which the information is based, at the facility to which the calculations, measurements and other data relate, or at the facility’s parent company, located in Canada, for a period of three years from the date the information is required to be submitted. Where the person chooses to keep the information required under the notice, together with any calculations, measurements and other data, at the facility’s parent company in Canada, that person shall inform the Minister of the civic address of that parent company.

If a person who operates a facility, with respect to which information was submitted in response to the Notice with respect to reporting of greenhouse gases (GHGs) for 2011, determines that the facility is not required to provide the information set out in Schedule 4 of this notice, the person shall notify the Minister of the Environment that the facility does not meet the criteria set out in Schedule 3 of this Notice no later than June 1, 2013.

The Minister of the Environment intends to publish greenhouse gas emission totals by gas by facility. Pursuant to section 51 of the Act, any person subject to this notice who provides information in response to this notice may submit, with their information and no later than their deadline for submission, a written request that it be treated as confidential based on the reasons set out in section 52 of the Act. The person requesting confidential treatment of the information shall indicate which of the reasons in section 52 of the Act applies to their request. Nevertheless, the Minister may disclose, in accordance with subsection 53(3) of the Act, information submitted in response to this notice. Every person to whom a notice is directed shall comply with the notice. A person who fails to comply with the Act is subject to the offence provision.

DAVID MORINDirector GeneralScience and Risk Assessment Directorate
On behalf of the Minister of the Environment

“biomass” means plants or plant materials, animal waste or any product made of either of these. Biomass includes wood and wood products, charcoal, and agricultural residues and wastes (including organic matter such as trees, crops, grasses, tree litter, or roots); that portion of biologically derived organic matter in municipal and industrial wastes; landfill gas; bio-alcohols; black liquor; sludge gas; and animal- or plant-derived oils. (biomasse)

“carbon dioxide equivalent (CO2 eq.)” means a unit of measure used to allow the addition of or the comparison between gases that have different global warming potentials (GWPs). (see footnote 2) [équivalent en dioxyde de carbone (équivalent CO2)]

“contiguous facility” means all buildings, equipment, structures and stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person and that function as a single integrated site and includes wastewater collection systems that discharge treated or untreated wastewater into surface waters. (installation contiguë)

“direct emissions” means releases from sources that are located at the facility. (émissions directes)

“flaring emissions” means controlled releases of gases from industrial activities, from the combustion of a gas and or liquid stream produced at the facility not for the purpose of producing energy, including releases from waste petroleum incineration, hazardous emission prevention systems (whether in pilot or active mode), well testing, natural gas gathering system, natural gas processing plant operations, crude oil production, pipeline operations, petroleum refining and chemical fertilizer and steel production. (émissions de torchage)

“fugitive emissions” means uncontrolled releases of gases from industrial activities, other than releases that are venting or flaring emissions, including those releases resulting from the production, processing, transmission, storage and use of solid, liquid or gaseous fuels. (émissions fugitives)

“GHGs” means greenhouse gases. (GES)

“GWP” means global warming potential. (PRP)

“HFCs” means hydrofluorocarbons. (HFC)

“industrial process emissions” means releases from an industrial process that involves chemical or physical reactions other than combustion, and the purpose of which is not to supply energy. (émissions liées aux procédés industriels)

“offshore installation” means an offshore drilling unit, production platform or ship, or sub-sea installation and that is attached or anchored to the continental shelf of Canada in connection with the exploitation of oil or gas. (installation extracôtière)

“on-site transportation emissions” means any direct releases from machinery used for the on-site transportation of substances, materials or products used in the production process. (émissions liées au transport sur le site)

“PFCs” means perfluorocarbons. (PFC)

“pipeline transportation system” means all pipelines that are owned or operated by the same person within a province or territory and that transport processed natural gas and their associated installations including storage installations but excluding straddle plants or other processing installations. (gazoducs)

“reporting company” means a person who operates one or more facilities that meet the reporting threshold as set out in Schedule 3 of this notice. (société déclarante)

“stationary fuel combustion emissions” means releases from non-vehicular combustion sources, in which fuel is burned for the purpose of producing energy. (émissions de combustion stationnaire de combustible)

“venting emissions” means controlled releases to the atmosphere of a waste gas, including releases of casing gas, a gas associated with a liquid (or solution gas), treater, stabilizer or dehydrator off-gas, blanket gas, and releases from pneumatic devices which use natural gas as a driver, and from compressor start-ups, pipelines and other blowdowns, and metering and regulation station control loops. (émissions d’évacuation)

“waste emissions” means releases that result from waste disposal sources at a facility that include landfilling of solid waste, flaring of landfill gas and waste incineration. (émissions des déchets)

“wastewater emissions” means releases that result from wastewater and wastewater treatment at a facility. (émissions des eaux usées)

SCHEDULE 3

Criteria for Reporting

Persons subject to this notice

1. (1) All persons who operate a facility that emits 50 000 tonnes of carbon dioxide equivalent (50 kt CO2 eq.) or more (the “reporting threshold”) of the GHGs listed in Table 1 of Schedule 1 in the 2012 calendar year shall be subject to the reporting requirements set out in this notice.

(2) If the person who operates a facility as described in this Schedule changes during the 2012 calendar year, the person who operates the facility, as of December 31, 2012, shall report for the entire 2012 calendar year by June 1, 2013. If operations at a facility are terminated during the 2012 calendar year, the last operator of that facility is required to report for the portion of the 2012 calendar year during which the facility was in operation by June 1, 2013.

2. (1) A person subject to this notice shall determine whether a facility meets or exceeds the reporting threshold described in section 1, using the following equation and the criteria set out in subsections (2) to (4) of this section:

where

E = total emissions of a particular gas or gas species from the facility in the calendar year 2012, expressed in tonnes

GWP = global warming potential of the same gas or gas species

i = each emission source

(2) A person subject to this notice shall quantify emissions of each HFC and PFC substance on Schedule 1 separately and then multiply the result for each of these substances by the global warming potential set out in Table 1 of Schedule 1 for that substance.

(3) For the purposes of subsection (1), a person subject to this notice shall not include CO2 emissions from combustion of biomass in the determination of total emissions. The person shall quantify and report CO2 emissions from combustion of biomass as part of the greenhouse gas emissions information that is required in paragraph 2(e) of Schedule 4 of this Notice.

(4) For the purpose of subsection (1), a person subject to this notice shall not include CO2 emissions from biomass decomposition in the determination of total emissions.

3. A person submitting a report in respect of a facility that meets the emission criteria above shall use the applicable quantification methods for estimating emissions set out in Section E of the UpdatedUNFCCC [United Nations Framework Convention on Climate Change] reporting guidelines on annual inventories following incorporation of the provisions of decision 14/CP.11 contained in FCCC/SBSTA/2006/9.

SCHEDULE 4

Reportable Information

1. A person subject to this notice shall report the following information for each facility that meets the reporting threshold set out in Schedule 3 of this notice:

(a) the reporting company’s legal and trade name (if any), and federal business number (assigned by the Canada Revenue Agency) and their Dun and Bradstreet (D-U-N-S) number (if any);

(b) the facility name (if any) and the address of its physical location;

(c) the six-digit North American Industry Classification System (NAICS) Canada code;

(d) the National Pollutant Release Inventory identification number (if any);

(e) the name, position, mailing and civic address, email address and telephone number of the person submitting the information that is required under this notice;

(f) the name, position, mailing address, email address and telephone number of the public contact (if any);

(g) the name, position, mailing and civic addresses, email address and telephone number of the authorized signing officer signing the Statement of Certification pursuant to section 4; and

(h) the legal names of the Canadian parent companies (if any), their civic addresses, their percentage of ownership of the reporting company (where available), their federal business number and their Dun and Bradstreet (D-U-N-S) number (if any).

2. For each of the GHGs listed in Table 1 of Schedule 1, a person subject to this notice shall report the following information for each facility that meets the reporting threshold set out in Schedule 3 of this notice:

(a) the total quantity in tonnes of direct emissions of carbon dioxide, in each of the following source categories: stationary fuel combustion emissions, industrial process emissions, venting emissions, flaring emissions, fugitive emissions, on-site transportation emissions, waste emissions, and wastewater emissions. The person subject to this notice shall not include CO2 emissions from biomass combustion in the above source categories, but shall report these emissions separately;

(b) the total quantity in tonnes of direct emissions of methane and nitrous oxide, in each of the following source categories: stationary fuel combustion emissions, industrial process emissions, venting emissions, flaring emissions, fugitive emissions, on-site transportation emissions, waste emissions, and wastewater emissions. The person subject to this notice shall include CH4 and N2O emissions from biomass combustion in the above source categories;

Note: Table 2, below, provides a table for reporting of these gases.

Table 2: Table for Reporting Certain GHGs by Source Category

Source Categories

Gas

Stationary Fuel Combustion

Industrial Process

Venting

Flar-
ing

Fugitive

On-site Transportation

Waste

Waste-
water

Carbon dioxide (excluding that from biomass combustion, which is to be reported further to subsection (e))

Methane

Nitrous oxide

Total

(c) in instances where industrial process emissions are produced in combination with emissions from fuel combusted for energy purposes, the person subject to this notice shall report the emissions according to the purpose of the activity: if the purpose of the activity is energy production, the emissions shall be reported as stationary fuel combustion emissions; however, if the purpose of the activity is an industrial process rather than energy production, the emissions shall be reported as industrial process emissions; (see footnote 4)

(d) the total quantity in tonnes of direct emissions of sulphur hexafluoride and each hydrofluorocarbon and perfluorocarbon listed on Schedule 1, from industrial processes and industrial product use;

(e) the total quantity in tonnes of CO2 from biomass combustion; and

(f) the method of estimation used to determine the quantities reported pursuant to paragraphs (a), (b), (d) and (e) chosen from monitoring or direct measurement, mass balance, emission factors, or engineering estimates.

3. CO2 emissions from biomass decomposition are not to be reported.

4. The reported information is to include a Statement of Certification, signed by an authorized signing officer, indicating that the information submitted is true, accurate and complete.

5. If the reported information is subject to a request for confidentiality pursuant to section 51 of the Act, the person subject to this notice shall identify which information is subject to the request and the reasons for the request in accordance with section 52 of the Act.

EXPLANATORY NOTE

(This note is not part of the notice.)

In March of 2004, the Government of Canada initiated a phased approach to the collection of greenhouse gas emissions and related information. The program was launched through the publication of the first Canada Gazette notice in March 2004, which set out basic reporting requirements. This notice is the ninth in a series of notices requiring the reporting of greenhouse gas emissions. This notice is part of Canada’s effort to develop, through a collaborative process with provinces and territories, a harmonized reporting system that will meet the information needs of all levels of government, provide Canadians with reliable and timely information on GHG emissions and support the development of regulations.

Reporting requirements on greenhouse gas emissions outlined in this notice are now collected via Environment Canada’s Single Window (EC SW) system that was launched in March 2010. The EC SW system currently collects data for the National Pollutant Release Inventory and its partners (Toxics Reduction Act, 2009, of Ontario, Ontario Regulation 127/01, Chemistry Industry Association of Canada NERM Survey, and CCME National Framework for Petroleum Refinery Emission Reductions), Environment Canada’s Greenhouse Gas Emissions Reporting Program, and GHG reporting for British Columbia, Alberta, and Ontario. The EC SW system is currently being considered for GHG reporting by other provinces. The use of a single system for reporting on GHG emissions helps to reduce the reporting burden on industry, and the overall cost to government. The system requires industry to submit information that is common to multiple jurisdictions once, but also accommodates reporting requirements and thresholds that are jurisdiction specific.

Compliance with the Canadian Environmental Protection Act, 1999 (hereinafter referred to as the “Act”) is mandatory pursuant to subsections 272(1) and 272.1(1) of the Act. Amendments to the fine scheme of the Act came into force on June 22, 2012. Subsections 272(2), (3) and (4) and 272.1(2), (3) and (4) of the Act set the penalties for persons who commit an offence under the Act. Offences include failing to comply with an obligation arising from the Act and providing false or misleading information. Penalties for offences can result, upon conviction (either summary conviction or indictment), in fines of not more than $12 million, imprisonment for a term of not more than three years, or both.

DEPARTMENT OF THE ENVIRONMENT

MIGRATORY BIRDS CONVENTION ACT, 1994

Notice with respect to temporary possession of migratory birds

In order to conduct a survey for avian viruses, the Canadian Minister of the Environment has issued a notice under the authority of section 36 of the Migratory Birds Regulations to vary the application of paragraph 6(b) of the Migratory Bird Regulations to allow for the temporary possession of found-dead migratory birds. A person is permitted to temporarily possess dead migratory birds to allow for “swift delivery” of such birds to provincial or territorial authorities for analysis. In all other circumstances, a prohibition against possessing the carcass of a migratory bird remains in effect. This notice comes into force for a period of one year from September 6, 2012. The Government of Canada is responsible, under the Migratory Birds Convention Act, 1994, to ensure that populations of migratory birds are maintained, protected and conserved.

The Canadian Cooperative Wildlife Health Centre coordinates Canada’s Interagency Wild Bird Influenza Survey. Information on where to submit found dead migratory birds is available by viewing the Canadian Cooperative Wildlife Health Centre Web site at www.ccwhc.ca/contact_us.php or by telephoning 1-800-567-2033. Guidance on precautions for the handling of wild birds is available from the Public Health Agency of Canada on its Web site: www.phac-aspc.gc.ca/influenza/fs-hwb-fr-mos-eng.php.

September 6, 2012

VIRGINIA PORTERDirector GeneralCanadian Wildlife Service

[38-1-o]

DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

Name and position

Order in Council

Jenkins, P. Thomas

2012-1061

Special adviser to the Minister of Public Works and Government Services

Part-time basis

Longworth, Thomas J.

2012-1066

Vancouver Fraser Port Authority

Director

September 14, 2012

DIANE BÉLANGEROfficial Documents Registrar

[38-1-o]

DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

Name and position

Instrument of Advice dated August 28, 2012

Aglukkaq, The Hon. Leona, P.C./c.p.

Minister of Health and Minister of State to assist the Minister of Foreign Affairs to be styled Minister of Health, Minister of the Canadian Northern Economic Development Agency and Minister for the Arctic Council

September 14, 2012

DIANE BÉLANGEROfficial Documents Registrar

[38-1-o]

DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Senators called

His Excellency the Governor General has been pleased to summon to the Senate of Canada, by letters patent under the Great Seal of Canada, bearing date of September 6, 2012:

— Bellemare, Diane, of Montréal, in the Province of Quebec, Member of the Senate and a Senator for the division of Alma, in the Province of Quebec;

— Enverga Jr., Tobias C., of Toronto, in the Province of Ontario, Member of the Senate and a Senator for the Province of Ontario;

— McInnis, Thomas Johnson, of Halifax, in the Province of Nova Scotia, Member of the Senate and a Senator for the Province of Nova Scotia;

— McIntyre, Paul E., Q.C., of Charlo, in the Province of New Brunswick, Member of the Senate and a Senator for the Province of New Brunswick; and

— Ngo, Thanh Hai, of Ottawa, in the Province of Ontario, Member of the Senate and a Senator for the Province of Ontario.

i. For metallic voltages at frequencies above 270 kHz, the frequency range was changed from 270 kHz–6 MHz to 270 kHz–30 MHz. This change was reflected in

— Requirements: sections 3.1.1.1(2)(c) and 3.1.1.1(2)(d);

— Method of Measurement: sections 3.1.3.4(2) and 3.1.3.5(2); and

— Figures 3.1.3(e) and 3.1.3(f).

ii. Reworded Method of Measurement in Section 3.2.9.2 for accuracy;

iii. Updated the following figures for accuracy and clarity: figures 3.1.3(a) to 3.1.3(d); 3.1.4(a) and (b); 3.2.4; 3.2.7; and 3.2.8; and

iv. Other changes:

— In Figure 3.2.9(b), the wide band transformer T1 was changed from 100:100 ohms to 135:135 ohms; and

— Minor edits were made in sections 3.2.9.1 and 3.2.9.2 to be consistent with the symbols used in Figure 3.2.9(b).

Part Ⅱ, Amendment 1; Part VI, Amendment 1; and Part VII, Amendment 4 of CS-03, Issue 9, will come into effect upon publication of this notice.

Interested parties should submit their comments within 75 days of the date of publication of this notice. Soon after the close of the comment period, all comments received will be posted on Industry Canada’s Spectrum Management and Telecommunications Web site at www.ic.gc.ca/spectrum.

Submitting comments

Respondents are requested to provide their comments in electronic format (WordPerfect, Microsoft Word or Adobe PDF) to the following email address: telecom.reg@ic.gc.ca, along with a note specifying the software, version number and operating system used.

All submissions should cite the Canada Gazette, Part Ⅰ, the publication date, the title and the notice reference number (SMSE-011-12).

Obtaining copies

Copies of this notice and of documents referred to herein are available electronically on Industry Canada’s Spectrum Management and Telecommunications Web site at www.ic.gc.ca/spectrum.

Official versions of Canada Gazette notices can be viewed at www.gazette.gc.ca/rp-pr/p1/index-eng.html. Printed copies of the Canada Gazette can be ordered by telephoning the sales counter of Publishing and Depository Services at 613-941-5995 or 1-800-635-7943.

August 31, 2012

MARC DUPUISDirector GeneralEngineering, Planning and Standards Branch

[38-1-o]

DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

CRIMINAL CODE

Designation as fingerprint examiner

Pursuant to subsection 667(5) of the Criminal Code, I hereby designate the following person of the Abbotsford Police Department as a fingerprint examiner:

OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS

BANK ACT

B2B Bank — Letters patent of continuation and order to commence and carry on business

Notice is hereby given of the issuance

pursuant to subsection 35(1) of the Bank Act, of letters patent continuing B2B Trust, a company incorporated under the Trust and Loan Companies Act, as a bank under the Bank Act under the name B2B Bank, effective July 7, 2012; and

pursuant to subsection 48(3) of the Bank Act, of an order authorizing B2B Bank to commence and carry on business, effective July 7, 2012.

September 10, 2012

JULIE DICKSONSuperintendent of Financial Institutions

[38-1-o]

Footnote 1
The Chemical Abstracts Service (CAS) Registry Number is the property of the American Chemical Society and any use or redistribution, except as required in supporting regulatory requirements and/or for reports to the Government when the information and the reports are required by law or administrative policy, is not permitted without the prior, written permission of the American Chemical Society.

Footnote 2
Since many greenhouse gases (GHGs) exist and their GWPs vary, the emissions are added in a common unit, CO2 equivalent. To express GHG emissions in units of CO2 equivalent, the quantity of a given GHG (expressed in units of mass) is multiplied by its GWP.

Footnote 3
The Chemical Abstracts Service (CAS) Registry Number is the property of the American Chemical Society and any use or redistribution, except as required in supporting regulatory requirements and/or for reports to the Government when the information and the reports are required by law or administrative policy, is not permitted without the prior, written permission of the American Chemical Society.